Daily Republican., 1887-12-02
CLOSED AT LAST.
Tho HiehsrdsOn-Horn Cass Ends With
Verdict in Favor OF the Piaiotiir
for the Full Amount OF His Claim
che Academy of Music Case.

/ ANU hienNuson-hOrn CaSS EnCS with
Verdict in Favor OF the Piaiotih
for the Full Amount OF His Claim
-he Academy Of Music case.
| When court recon vened yesterday af.
sernoon, Mr.. Lore resumed his afgu
ment for the plaintiff IN ;he long drawn
case OF Richardson vs. Horn, and when
he concluded Mr.. Higgins made the
Glowing argument for tho defense.
He finished at o'clock, whsn the
Jury were charged by the chief justios
He said that where fraud was shown 1t
would always vitiste contract In
this case 1t is alleged that the plaintiff
used fraud aud misrepresentation to in-
duce the plaintiff to Ie7ss tha mill, aud
II this is 30 the defendant .hould have
notified the plaintiff ssd given up the
property. Still, as he did not Go 30, he
ID not without medy, as he eau brius
suit for deceit.
II the allegations OF the defendant
are correct, he should as q reasonable
man have employed aome one 40 eoOn
nffer he took possession as possible TO
examine ths mill and all connected
with 1t, to sss that IL was O good mill
aud In running order. Bat be did not
DO anything OF the kind, aud retained
possession OF the place fully one year.
Ii should not have taken more t1Gu a
week or two to ascertain whether the
engine and boiler were in proper place
and the machinery all right. 1t woulu
be folly to expect o men who bsd n
property to rent to decry 1t, and there.
fore that could not be used as defense,
~ man In buying an article or rent
Ing q property should bs expected to
use his eyes and his own judgment.
AS this Is the law in the casa, 1t be-
comes the duty OF the jury to render s.
verdict for the plaintiff for the amount
OF his claim, but this must not bs taken
as preludicing the right o! the defend. |
ant to bring an action for fraud and do
ceit.
The jury retired at 4l5 o'clock, and
returned at 8 05 O'Clock with q verdict
In favor of the plaintiff for $500, with
interest on the installmsnts from the
time they fell due.
The case OF Edward Lawler vs. the |
F., w. & B. Railroad Company Was |
brought before the court on the appica-
tlon OF Mr.. Higgins, to have the costa OF |
the special jury placed on the railroad
company, but before this matter was
settled Mr.. Gray asked that day be
Get for the trial OF the CASE and the epe.
cial jury discharged until that time.
After come discussion, next Thursday
was finally fxed as the time for taking
1t up.
A jury was drawn and the case nf
MoOartney, Kenney b Co. vs.. L. P.
Buck & CO., was taken up for t.ial
with Bradford & Vandegrift for the
plaintiffs. and johnson 6 Hayss for
the defendants.
This is an action on mechanics' lien
to recover for material furnished the
Academy of Music. The amount claim.
ed Is 81 ,6o5 az. with interest from Feb
ruary 10, 1885, the total value OF the
goods furnished as shown by the bill of
particulars, being S2.705.27, on which
Sl100 was paid and credited on part of
their bill that would not come upder
the mechanics' lien law.
The case was opened to the Jury by
Mr. Vandegrift, who stated the abova
allegations and continued to speak until
. o'olook, when court took q recess, until
10 O'Clock this morning.